cfr_sections
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17 rows where part_number = 16 and title_number = 46 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46:46:1.0.1.2.16.1.7.1 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | A | Subpart A—General | § 16.101 Purpose of regulations. | USCG | (a) The regulations in this part provide a means to minimize the use of intoxicants by merchant marine personnel and to promote a drug free and safe work environment. (b) These regulations prescribe the minimum standards, procedures, and means to be used to test for the use of dangerous drugs. (c) As part of a reasonable cause drug testing program established pursuant to this part, employers may test for drugs in addition to those specified in this part only with approval granted by the Coast Guard under 49 CFR part 40 and for substances for which the Department of Health and Human Services has established an approved testing protocol and positive threshold. | ||||
| 46:46:1.0.1.2.16.1.7.2 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | A | Subpart A—General | § 16.105 Definitions of terms used in this part. | USCG | [CGD 86-067, 53 FR 47079, Nov. 21, 1988; 53 FR 48367, Nov. 30, 1988, as amended by CGD 90-014, 56 FR 31033, July 8, 1991; CGD 90-053, 58 FR 31107, May 28, 1993; CGD 93-051, 59 FR 28792, June 3, 1994; 59 FR 62226, Dec. 2, 1994; CGD 91-223, 60 FR 4525, Jan. 23, 1995; USCG-2000-7759, 66 FR 42967, Aug. 16, 2001; USCG-2003-16414, 69 FR 6577, Feb. 11, 2004; USCG-2006-24371, 74 FR 11263, Mar. 16, 2009; USCG-2021-0097, 89 FR 93134, Nov. 25, 2024; USCG-2021-0834, 89 FR 102340, Dec. 17, 2024] | Chemical test means a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use. Consortium/Third party administrator (C/TPA) means a service agent who provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members. Credential is the same as defined in 46 CFR 10.107. Crewmember means an individual who is: (1) Onboard a vessel acting under the authority of a credential issued under this subchapter, whether or not the individual is a member of the vessel's crew; or (2) Engaged or employed onboard a vessel owned in the United States that is required by law or regulation to engage, employ, or be operated by an individual holding a credential issued under this subchapter, except for the following: (i) Individuals on fish processing vessels who are primarily employed in the preparation of fish or fish products, or in a support position, and who have no duties that directly affect the safe operation of the vessel; (ii) Scientific personnel on an oceanographic research vessel; (iii) Individuals on industrial vessels who are industrial personnel, as defined in this chapter; and (iv) Individuals not required under part 15 of this subchapter who have no duties that directly affect the safe operation of the vessel. Dangerous drug means a narcotic drug, a controlled substance, or a controlled-substance analog (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)). Drug test means a chemical test of an individual's urine for evidence of dangerous drug use. Employer means a marine employer or sponsoring organization. Fails a chemi… | |||
| 46:46:1.0.1.2.16.1.7.3 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | A | Subpart A—General | § 16.107 Waivers. | USCG | [USCG-2000-7759, 66 FR 42967, Aug. 16, 2001, as amended by USCG-2009-0702, 74 FR 49225, Sept. 25, 2009] | (a) To obtain a waiver from 49 CFR 40.21 or from this part you must send your request for a waiver to the Commandant (CG-INV). (b) Employers for whom compliance with this part would violate the domestic laws or policies of another country may request an exemption from the drug testing requirements of this part by submitting a written request to Commandant (CG-INV), at the address listed in § 16.500(a). (c) An employer may request a waiver from the Coast Guard in order to stand-down a crewmember following the Medical Review Officer's receipt of a laboratory report of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test pertaining to the crewmember. Consistent with 49 CFR 40.21, the request for a waiver must include as a minimum: Information about the organization and the proposed written company policy concerning stand-down. Specific elements required in the written waiver request are contained in 49 CFR 40.21(c). | |||
| 46:46:1.0.1.2.16.1.7.4 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | A | Subpart A—General | § 16.109 Public Interest Exclusion (PIE). | USCG | [USCG-2000-7759, 66 FR 42968, Aug. 16, 2001] | Service agents are subject to Public Interest Exclusion (PIE) actions in accordance with 49 CFR Part 40, subpart R. The PIE is an action which excludes from participation in DOT's drug and alcohol testing program any service agent who, by serious noncompliance with this part or with 49 CFR part 40, has shown that it is not currently acting in a responsible manner. | |||
| 46:46:1.0.1.2.16.1.7.5 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | A | Subpart A—General | § 16.113 Chemical drug testing. | USCG | [USCG-2000-7759, 66 FR 42968, Aug. 16, 2001, as amended by USCG-2006-24371, 74 FR 11264, Mar. 16, 2009] | (a) Drug testing programs required by this part must be conducted in accordance with 49 CFR part 40, Procedures for Transportation Workplace Testing Programs. This subpart summarizes the responsibilities of credentialed mariners, marine employers, MRO, SAP and other chemical testing service providers in 49 CFR part 40. The regulations in 49 CFR part 40 should be consulted to determine the specific procedures which must be established and utilized. Drug testing programs required by this part must use only drug testing laboratories certified by the Department of Health and Human Services (DHHS). (b) Each specimen collected in accordance with this part will be tested, as provided in 49 CFR 40.85, for the following: (1) Marijuana; (2) Cocaine; (3) Opiates; (4) Phencyclidine (PCP); and (5) Amphetamines. | |||
| 46:46:1.0.1.2.16.1.7.6 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | A | Subpart A—General | § 16.115 Penalties. | USCG | [USCG-2000-7759, 66 FR 42968, Aug. 16, 2001] | Violation of this part is subject to the civil penalties set forth in 46 U.S.C. 2115. Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements for chemical testing for dangerous drugs as prescribed under this part, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation will constitute a separate violation. | |||
| 46:46:1.0.1.2.16.2.7.1 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.201 Application. | USCG | [CGD 86-607, 53 FR 47049, Nov. 11, 1988, as amended by CGD 90-014, 56 FR 31034, July 8, 1991; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001; USCG-2006-24371, 74 FR 11264, Mar. 16, 2009] | (a) Chemical testing of personnel must be conducted as required by this subpart and in accordance with the procedures detailed in 49 CFR part 40. (b) If an individual fails a chemical test for dangerous drugs under this part, the individual will be presumed to be a user of dangerous drugs. (c) If an individual holding a credential fails a chemical test for dangerous drugs, the individual's employer, prospective employer, or sponsoring organization must report the test results in writing to the nearest Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual must be denied employment as a crewmember or must be removed from duties which directly affect the safe operation of the vessel as soon as practicable and is subject to suspension and revocation proceedings against their credential under part 5 of this chapter. (d) If an individual who does not hold a credential fails a chemical test for dangerous drugs, the individual will be denied employment as a crewmember or removed from duties that directly affect the safe operation of the vessel, as soon as possible. (e) An individual who has failed a required chemical test for dangerous drugs may not be re-employed aboard a vessel until the requirements of paragraph (f) of this section and part 5 of this chapter, if applicable, have been satisfied. (f) Before an individual who has failed a required chemical test for dangerous drugs may return to work aboard a vessel, the MRO must determine that the individual is drug-free and the risk of subsequent use of dangerous drugs by that person is sufficiently low to justify their return to work. In addition, the individual must agree to be subject to increased unannounced testing— (1) For a minimum of six (6) tests in the first year after the individual returns to work as required in 49 CFR part 40; and (2) For any additional period as determined by the MRO up to a total of 60 months. | |||
| 46:46:1.0.1.2.16.2.7.2 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.203 Employer, MRO, and SAP responsibilities. | USCG | [USCG-2000-7759, 66 FR 42968, Aug. 16, 2001] | (a) Employers. (1) Employers must ensure that they and their crewmembers meet the requirements of this part. (2) Employers are responsible for all the actions of their officials, representatives, and agents in carrying out the requirements of this part. (3) All agreements and arrangements, written or unwritten, between and among employers and service agents concerning the implementation of DOT drug testing requirements are deemed, as a matter of law, to require compliance with all applicable provisions of this part and DOT agency drug testing regulations. Compliance with these provisions is a material term of all such agreements and arrangements. (b) Medical Review Officer (MRO). (1) Individuals performing MRO functions must meet the training requirements and follow the procedures in 49 CFR part 40. (2) MROs may report chemical drug test results to the Coast Guard for unemployed, self-employed, or individual mariners. (c) Substance Abuse Professional (SAP). Individuals performing SAP functions must meet the training requirements and follow the procedures in 49 CFR part 40. | |||
| 46:46:1.0.1.2.16.2.7.3 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.205 Implementation of chemical testing programs. | USCG | [CGD 90-014, 56 FR 60930, Nov. 29, 1991, as amended by 59 FR 62226, Dec. 2, 1994; CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009] | (a) When a vessel owned in the United States is operating in waters that are not subject to the jurisdiction of the United States, the testing requirements of §§ 16.210 and 16.230 do not apply to a citizen of a foreign country engaged or employed as Pilot in accordance with the laws or customs of that foreign country. (b) Upon written request of an employer, Commandant (CG-INV) will review the employer's chemical testing program to determine compliance with the provisions of this part. | |||
| 46:46:1.0.1.2.16.2.7.4 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.210 Pre-employment testing requirements. | USCG | [CGD 90-053, 58 FR 31107, May 28, 1993, as amended by CGD 93-051, 59 FR 28792, June 3, 1994] | (a) No marine employer may engage or employ any individual to serve as a crewmember unless the individual passes a chemical test for dangerous drugs for that employer. (b) An employer may waive a pre-employment test required for a job applicant by paragraph (a) of this section if the individual provides satisfactory evidence that they have: (1) Passed a chemical test for dangerous drugs, required by this part, within the previous six months with no subsequent positive drug tests during the remainder of the six-month period; or (2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part. | |||
| 46:46:1.0.1.2.16.2.7.5 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.220 Periodic testing requirements. | USCG | [CGD 91-223, 60 FR 4525, Jan. 23, 1995, as amended by USCG-2006-24371, 74 FR 11264, Mar. 16, 2009; USCG-2018-0874, 84 FR 30883, June 28, 2019; USCG-2021-0834, 89 FR 102340, Dec. 17, 2024] | (a) Except as provided by paragraph (c) of this section and § 10.227(g) of this subchapter, an applicant must pass a chemical test for dangerous drugs for— (1) An original issuance of a Merchant Mariner Credential (MMC); (2) The first issuance, raise of grade, or renewal of an officer endorsement on an MMC; (3) A raise of grade of an MMC; (4) The first endorsement as an Able Seafarer, Lifeboat Operator, Qualified Member of the Engine Department (QMED), or a tank vessel endorsement; or (5) A reissuance of a credential with a new expiration date. Results of the test must be provided to the Coast Guard in a manner prescribed by the Coast Guard. The test results must be completed and dated not more than 185 days before submission of the application. (b) Unless excepted under paragraph (c) of this section, each Pilot required by this subchapter to receive an annual physical examination must pass a chemical test for dangerous drugs as a part of that examination, and provide the results to the Coast Guard. Applicants need not submit additional copies of their annual chemical test for dangerous drugs pursuant to paragraph (a) of this section if the applicant submitted passing results of a chemical test for dangerous drugs to the Coast Guard within 12 months of the date of application. (c) An applicant need not submit evidence of passing a chemical test for dangerous drugs required by paragraph (a) or (b) of this section if they provide satisfactory evidence that they have— (1) Passed a chemical test for dangerous drugs required by this part within the previous 6 months with no subsequent positive chemical tests during the remainder of the 6-month period; or (2) During the previous 185 days been subject to a random testing program required by § 16.230 for at least 60 days and did not fail or refuse to participate in a chemical test for dangerous drugs required by this part. (d) Except as provided by paragraph (b) of this section, an applicant is required to provide the results of only one chemical test for dang… | |||
| 46:46:1.0.1.2.16.2.7.6 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.230 Random testing requirements. | USCG | [CGD 90-014, 56 FR 31034, July 8, 1991, as amended by 59 FR 62227, Dec. 2, 1994; USCG-2006-24371, 74 FR 11264, Mar. 16, 2009; USCG-2021-0834, 89 FR 102340, Dec. 17, 2024] | (a) Marine employers must establish programs for the chemical testing for dangerous drugs on a random basis of crewmembers on inspected vessels who: (1) Occupy a position, or perform the duties and functions of a position, required by the vessel's Certificate of Inspection; (2) Perform the duties and functions of patrolmen or watchmen required by this chapter; or, (3) Are specifically assigned the duties of warning, mustering, assembling, assisting, or controlling the movement of passengers during emergencies. (b) Marine employers must establish programs for the chemical testing for dangerous drugs on a random basis of crewmembers on uninspected vessels who: (1) Are required by law or regulation to hold a credential issued by the Coast Guard in order to perform their duties on the vessel; (2) Perform duties and functions directly related to the safe operation of the vessel; (3) Perform the duties and functions of patrolmen or watchmen required by this chapter; or, (4) Are specifically assigned the duties of warning, mustering, assembling, assisting, or controlling the movement of passengers during emergencies. (c) The selection of crewmembers for random drug testing must be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with crewmembers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the testing frequency and selection process used, each covered crewmember will have an equal chance of being tested each time selections are made and an employee's chance of selection will continue to exist throughout their employment. As an alternative, random selection may be accomplished by periodically selecting one or more vessels and testing all crewmembers covered by this section, provided that each vessel subject to the marine employer's test program remains equally subject to selection. (d) Marine employers may form or otherwise use sponsoring organizations, or may use contracto… | |||
| 46:46:1.0.1.2.16.2.7.7 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.240 Serious marine incident testing requirements. | USCG | The marine employer must ensure that all persons directly involved in a serious marine incident are chemically tested for evidence of dangerous drugs and alcohol in accordance with the requirements of subpart 4.06 of this chapter. | ||||
| 46:46:1.0.1.2.16.2.7.8 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.250 Reasonable cause testing requirements. | USCG | [CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by USCG-2006-24371, 74 FR 11264, Mar. 16, 2009] | (a) The marine employer must require any crewmember engaged or employed on board a vessel owned in the United States that is required by law or regulation to engage, employ or be operated by an individual holding a credential issued under this subchapter, who is reasonably suspected of using a dangerous drug to be chemically tested for dangerous drugs. (b) The marine employer's decision to test must be based on a reasonable and articulable belief that the individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use. Where practicable, this belief should be based on the observation of the individual by two persons in supervisory positions. (c) When the marine employer requires testing of an individual under the provisions of this section, the individual must be informed of that fact and directed to provide a urine specimen as soon as practicable. This fact will be entered in the vessel's official logbook, if one is required. (d) If an individual refuses to provide a urine specimen when directed to do so by the employer under the provisions of this section, this fact will be entered in the vessel's official logbook, if one is required. | |||
| 46:46:1.0.1.2.16.2.7.9 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | B | Subpart B—Required Chemical Testing | § 16.260 Records. | USCG | [CGD 86-067, 53 FR 47079, Nov. 21, 1988, as amended by CGD 91-223, 60 FR 4526, Jan. 23, 1995; USCG-2000-7759, 66 FR 42968, Aug. 16, 2001] | (a) Employers must maintain records of chemical tests as provided in 49 CFR 40.333 and must make these records available to Coast Guard officials upon request. (b) The records must be sufficient to: (1) Satisfy the requirements of §§ 16.210(b) and 16.220(c). (2) Identify the total number of individuals chemically tested annually for dangerous drugs in each of the categories of testing required by this part including the annual number of individuals failing chemical tests and the number and types of drugs for which individuals tested positive. | |||
| 46:46:1.0.1.2.16.4.7.1 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | D | Subpart D—Employee Assistance Programs | § 16.401 Employee Assistance Program (EAP). | USCG | The employer shall provide an Employee Assistance Program (EAP) for all crewmembers. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to a crewmember. Each EAP must include education and training on drug use for crewmembers and the employer's supervisory personnel as provided below: (a) EAP education program: Each EAP education program must include at least the following elements: display and distribution of informational material; display and distribution of a community service hot-line telephone number for crewmember assistance, and display and distribution of the employer's policy regarding drug and alcohol use in the workplace. (b) EAP training program: An EAP training program must be conducted for the employer's crewmembers and supervisory personnel. The training program must include at least the following elements: the effects and consequences of drug and alcohol use on personal health, safety, and work environment; the manifestations and behavioral cues that may indicate drug and alcohol use and abuse; and documentation of training given to crewmembers and the employer's supervisory personnel. Supervisory personnel must receive at least 60 minutes of training. | ||||
| 46:46:1.0.1.2.16.5.7.1 | 46 | Shipping | I | B | 16 | PART 16—CHEMICAL TESTING | E | Subpart E—Management Information System | § 16.500 Management Information System requirements. | USCG | [USCG-1998-4469, 64 FR 22559, Apr. 27, 1999; 64 FR 31989, June 15, 1999, as amended by USCG-2003-16414, 69 FR 6578, Feb. 11, 2004; USCG-2006-25556, 72 FR 36330, July 2, 2007; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009; USCG-2013-0671, 78 FR 60145, Sept. 30, 2013; USCG-2020-0304, 85 FR 58281, Sept. 18, 2020; USCG-2021-0834, 89 FR 102340, Dec. 17, 2024] | (a) Data collection. (1) All marine employers must submit drug testing program data required by 49 CFR 40.26 and appendix H to 49 CFR part 40. (2) The provisions in 49 CFR part 40 for alcohol testing do not apply to the Coast Guard or to marine employers, and alcohol testing data is not required or permitted to be submitted by this section. (b) Data reporting. (1) By March 15 of the year following the collection of the data in paragraph (a) of this section, marine employers must submit the data on the form titled U.S. Department of Transportation Drug and Alcohol Testing MIS Data Collection Form (OMB Number: 2105-0529) by mail to Commandant (CG-INV), Attn: Office of Investigations and Casualty Analysis, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7501 or by Internet at https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Office-of-Investigations-Casualty-Analysis/DAPI-Program-Main-Page/. (2) The DOT Drug and Alcohol Testing MIS form can be downloaded and printed from https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Office-of-Investigations-Casualty-Analysis/DAPI-Program-Main-Page/ or may be obtained from any Sector Office. (3) A consortium or other employer representative may submit data for a marine employer. Reports may contain data for more than one marine employer. Each report, however, must list the marine employers included in the report. (4) Marine employers must ensure that data submitted by a consortium or other employer representative under paragraph (b)(3) of this section is correct. (c) After filing 3 consecutive annual MIS reports since January 1, 1996, required by paragraph (b) of this section, marine employers with 10 or fewer covered employees may stop filing the annual report each succeeding year during which they have no more than 10 covered employees. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);